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This entry was published on 2014-09-22
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State energy planning board
§ 6-102. State energy planning board. 1. There shall be established a
state energy planning board, hereinafter referred to as the "board",
which shall consist of the chair of the public service commission, the
commissioner of environmental conservation, the commissioner of economic
development, the commissioner of transportation, the commissioner of
labor, the commissioner of the division of homeland security and
emergency services, the commissioner of agriculture and markets, the
commissioner of health, the secretary of state and the president of the
New York state energy research and development authority. The governor,
the speaker of the assembly and the temporary president of the senate
shall each appoint one additional representative to serve on the board.
The presiding officer of the federally designated electric bulk system
operator (BSO) shall serve as a non-voting member of the board. Any
decision or action by the board shall be by majority vote. The president
of the New York state energy research and development authority shall
serve as chair of the board. Members of the board may designate an
executive staff representative to participate on the board on their

2. Regional planning councils shall be established. Two regions shall
be established as follows:

(a) Downstate region - New York City and Dutchess, Nassau, Orange,
Putnam, Rockland, Suffolk, Ulster and Westchester counties;

(b) Upstate region - Albany, Allegany, Broome, Cattaraugus, Cayuga,
Chautauqua, Chemung, Chenango, Clinton, Columbia, Cortland, Delaware,
Erie, Essex, Franklin, Fulton, Genesee, Greene, Hamilton, Herkimer,
Jefferson, Lewis, Livingston, Madison, Monroe, Montgomery, Niagara,
Oneida, Onondaga, Ontario, Orleans, Oswego, Otsego, Rensselaer,
Saratoga, Schenectady, Schoharie, Schuyler, Seneca, St. Lawrence,
Steuben, Sullivan, Tioga, Tompkins, Warren, Washington, Wayne, Wyoming
and Yates counties.

The governor, temporary president of the senate and the speaker of the
assembly shall each appoint three regional planning council members per
region. Regional planning council members shall serve without
compensation, and shall have their principal residence within the region
for which they are appointed. Such regional council members may solicit
input from stakeholder interests within their region, including but not
limited to local governments, municipal utilities, rural electric
cooperatives, utilities, labor unions, ratepayers, businesses, trade
associations, generators, and community organizations. Each regional
planning council shall transmit to the board a report containing any
recommendations specific to its region on a schedule determined by the
board to be appropriate for consideration of such report in the
development of the draft energy plan.

3. Staff services shall be performed by personnel of the department of
public service, the department of environmental conservation, the
department of transportation, the department of economic development,
the division of homeland security and emergency services and the New
York state energy research and development authority, as directed by the
board. Assistance shall also be made available, as requested by the
board, from other agencies, departments and public authorities of the
state. The board may provide for its own representation in all actions
or proceedings in which it is a party.

4. The board shall have the powers: (a) to adopt a state energy plan
in accordance with the provisions of this article;

(b) to adopt rules and regulations as necessary or appropriate to
implement this article;

(c) to issue subpoenas and subpoenas duces tecum; and

(d) to authorize any person to conduct hearings which the board is
authorized to conduct, to take testimony with respect to the subject or
matter under investigation, and to report the testimony to the board. In
the conduct of such hearings, any person so authorized by the board
shall have all the powers of the board.

5. The board shall in the consideration and development of policies,
programs, and other actions, be guided by the goals of: improving the
reliability of the state's energy systems; insulating consumers from
volatility in market prices; reducing the overall cost of energy in the
state; and minimizing public health and environmental impacts, in
particular, environmental impacts related to climate change. Each energy
plan shall also identify policies and programs designed to maximize
cost-effective energy efficiency and conservation activities to meet
projected demand growth.

(a) The board shall identify the most appropriate state agency or
authority with the responsibility for implementing or overseeing such
prioritized policies and programs.

(b) Each agency or authority charged with implementing a specific
policy or program in the energy plan shall report to the board annually
regarding the original goal of such policy or program, steps that have
been taken to implement such policy or program, progress in attaining
goals, adjustments to the program or goals and reasons why adjustments
are needed, and anticipated date of completion.

(c) The board shall use such progress reports in the completion of
each subsequent energy plan and in each of the required biennial reports
as stated in section 6-106 of this article.

6. The board shall require any contractor or subcontractor awarded a
contract pursuant to the provisions of this article to comply, and
otherwise exercise all of its responsibilities and conduct all of its
activities consistent with the provisions of article fifteen-A of the
executive law with regards to the utilization and participation of
certified minority and women-owned business enterprises.